Family Law Services
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Divorce
Navigating Divorce with Strength, Compassion, and Integrity
Divorce is one of life's most challenging transitions, impacting your family, your finances, and your future. During this difficult time, you need a legal advocate who will protect your rights with strength while guiding you with compassion. At Hildebrand Law Firm, our Milwaukee divorce attorneys are dedicated to helping clients navigate the complexities of divorce and build a stable foundation for their new beginning.
Understanding the Divorce Process in Wisconsin
Wisconsin is a "no-fault" divorce state, meaning you do not have to prove wrongdoing to end a marriage. It is also a marital property state, which has significant implications for how your assets and debts are divided. Our role is to guide you through the key issues that must be resolved in any divorce:
- Property Division: All property and debt acquired during the marriage is generally presumed to be "marital property" and is subject to an equal division. We work to ensure a fair and accurate valuation and division of all assets, including real estate, retirement accounts, investments, and business interests.
- Child Custody and Placement: For parents, this is the most critical issue. We help you develop a parenting plan that is in the best interests of your children, addressing legal custody (decision-making) and physical placement (where the children live).
- Child Support: We ensure child support is calculated correctly according to Wisconsin's statutory guidelines, considering factors like placement schedules and parental income.
- Spousal Maintenance (Alimony): In some cases, one spouse may be entitled to receive financial support from the other. We advocate for fair and appropriate maintenance orders based on the unique circumstances of your marriage.
Our Approach to Divorce Representation
We recognize that every family is different, and there is no one-size-fits-all solution for divorce. We tailor our approach to your specific needs and goals.
- Strategic Negotiation and Settlement: We are skilled negotiators who strive to resolve disputes amicably and cost-effectively through direct negotiation, mediation, or collaborative divorce processes whenever possible.
- Tenacious Litigation: When a fair settlement cannot be reached, we are prepared to be your powerful advocate in court. We will meticulously prepare your case and fight to protect your interests at trial.
- Client-Centered Counsel: We provide honest advice and clear communication, empowering you to make informed decisions about your future. We are always mindful of the emotional and financial toll of divorce and work to achieve an efficient resolution.
Start Your Next Chapter with Confidence
The end of a marriage is the beginning of a new chapter. Let Hildebrand Law Firm provide the experienced legal representation you need to navigate this transition with dignity and confidence.
Contact Our Milwaukee Divorce Attorneys for a Confidential Consultation
To discuss your situation and learn how we can help, please contact Hildebrand Law Firm today to schedule a confidential consultation.
Child Custody
Protecting Your Children's Best Interests During and After Divorce
For parents, nothing is more important than the well-being of their children. During a divorce or separation, decisions about custody and placement can be the most emotionally charged and consequential. At Hildebrand Law Firm, our Milwaukee child custody attorneys provide compassionate, child-focused legal representation, helping you create stable and nurturing arrangements for your children.
Understanding Custody and Placement in Wisconsin
In Wisconsin, the court's primary and guiding principle in all custody matters is the "best interests of the child." The state uses specific legal terms to define parental rights and responsibilities:
- Legal Custody: This refers to the right and responsibility to make major life decisions for your child. This includes decisions about non-emergency healthcare, education, and religion. Courts in Wisconsin strongly favor awarding joint legal custody to both parents.
- Physical Placement: This refers to the schedule of where the child lives and the time they spend with each parent. Placement can range from a primary placement schedule with one parent to a shared 50/50 placement schedule.
Our Child Custody and Placement Services
Our goal is to help you establish a clear, comprehensive parenting plan that fosters a healthy co-parenting relationship and provides stability for your children. We assist with all aspects of custody and placement, including:
- Developing Parenting Plans: We work with you to create detailed parenting plans that outline placement schedules, holiday and vacation time, transportation, and communication protocols.
- Negotiation and Mediation: We are skilled negotiators who aim to help parents reach an amicable agreement on custody and placement outside of court, saving time, money, and emotional stress.
- Guardian ad Litem (GAL) Investigations: When parents cannot agree, the court often appoints a Guardian ad Litem to investigate the family's situation and make a recommendation. We guide you through this process and ensure your perspective is clearly presented.
- Litigation of Custody Disputes: If an agreement is not possible, we are prepared to be your strong advocate in court, presenting compelling evidence to support a custody and placement arrangement that is in your child's best interest.
A Child-Centered Approach to Custody
At Hildebrand Law Firm, we believe the best outcomes are those that shield children from conflict. We encourage our clients to focus on cooperative solutions that allow their children to thrive. However, we are always prepared to vigorously defend your parental rights and your child's welfare when a dispute becomes contentious. We are your partners in securing a positive future for your family.
Discuss Your Custody Case with a Milwaukee Family Lawyer
Whether you are beginning the divorce process or need to establish custody as an unmarried parent, we are here to help. Contact Hildebrand Law Firm today to schedule a confidential consultation to discuss your child custody and placement matter.
Child Support
Ensuring Fair and Accurate Child Support Orders
Both parents have a legal and moral obligation to financially support their children. In Wisconsin, child support is determined by specific legal guidelines to ensure that children's financial needs are met. The attorneys at Hildebrand Law Firm help parents in Milwaukee navigate the child support process, advocating for fair orders that accurately reflect each family's unique financial situation.
How is Child Support Calculated in Wisconsin?
Wisconsin uses a percentage-based standard to calculate child support, based primarily on the paying parent's gross income and the number of children. The standard percentages are:
- 17% for one child
- 25% for two children
- 29% for three children
- 31% for four children
- 34% for five or more children
While these guidelines seem straightforward, the calculation can become complex. Our attorneys ensure all factors are properly considered, including:
- Shared Placement: When both parents have the children for at least 25% of the overnights in a year, a different formula is used that accounts for both parents' incomes.
- Variable and High Income: Accurately determining income for self-employed individuals, business owners, or high-income earners requires careful financial analysis.
- Additional Costs: We help ensure calculations properly account for health insurance premiums, childcare costs, and other variable expenses.
- Deviations from the Guidelines: In certain situations, the court may deviate from the standard percentages. We can advocate for or against a deviation based on factors like extraordinary travel costs or a child's special needs.
Our Child Support Services
Hildebrand Law Firm provides comprehensive legal support for all child support matters:
- Establishing Initial Support Orders: We ensure the initial calculation is accurate and fair during a divorce or paternity action.
- Modifying Child Support: We represent clients seeking to modify support orders due to a substantial change in circumstances, such as a job loss, promotion, or change in the placement schedule.
- Enforcing Child Support Orders: If a parent is failing to pay court-ordered support, we can take legal action to enforce the order and collect arrears.
Advocating for Fairness and Your Child's Well-Being
Our primary goal is to ensure your child receives the financial support they are entitled to under the law. We provide meticulous financial analysis and strong advocacy to protect your rights, whether you are the parent paying or receiving support.
Contact Our Milwaukee Child Support Lawyers Today
For clear guidance and effective representation in your child support case, contact Hildebrand Law Firm. Schedule a consultation to ensure your child's financial future is secure.
Spousal Maintenance
Strategic Representation for Spousal Maintenance Matters
Spousal maintenance, commonly known as alimony, is a form of financial support paid from one spouse to the other following a divorce. Unlike child support, spousal maintenance is not automatic in Wisconsin. The attorneys at Hildebrand Law Firm provide sophisticated legal counsel on all aspects of spousal maintenance, advocating for our clients' financial interests in Milwaukee and the surrounding areas.
Understanding Spousal Maintenance in Wisconsin
The purpose of spousal maintenance is to provide financial support to a spouse who may be at a financial disadvantage after a divorce. It can also be awarded to recognize a spouse's contributions to the marriage and career of the other party. There is no set formula for calculating maintenance. Instead, courts consider a wide range of statutory factors, including:
- The length of the marriage.
- The age and health of each party.
- The division of property in the divorce.
- The educational level and earning capacity of each party.
- The contributions of one party to the education or career of the other.
- The feasibility of the party seeking maintenance becoming self-supporting.
Our Spousal Maintenance Legal Services
Whether you are seeking maintenance or may be asked to pay it, our firm provides the strategic analysis needed to protect your financial future. Our services include:
- Financial Analysis: We conduct a thorough review of both parties' financial situations, including income, assets, earning potential, and marital standard of living.
- Negotiation and Settlement: We work to negotiate fair and practical maintenance agreements that meet our client's goals, addressing both the amount and duration of payments.
- Litigation of Maintenance Disputes: If a fair agreement cannot be reached, we will build a compelling case based on the statutory factors and advocate for your position in court.
- Modification and Termination: We represent clients seeking to modify or terminate maintenance orders due to a substantial change in circumstances, such as retirement or the remarriage of the recipient.
Protecting Your Financial Future
Spousal maintenance awards can have a profound and lasting impact on your post-divorce financial stability. The experienced attorneys at Hildebrand Law Firm have the financial acumen and legal skill to handle even the most complex maintenance cases, including those involving high assets and complex compensation structures.
Schedule a Consultation with Our Milwaukee Spousal Maintenance Attorneys
To understand your rights and obligations regarding spousal maintenance, it is crucial to seek experienced legal advice. Contact Hildebrand Law Firm today to schedule a confidential consultation.
Paternity
Establishing Legal Parentage and Protecting Your Rights
Legally establishing a child's father, or paternity, is a critical step that grants essential rights and responsibilities to the father, mother, and child. The paternity lawyers at Hildebrand Law Firm provide clear, direct guidance to mothers and fathers in Milwaukee, helping them navigate the legal process to establish parentage and secure the associated orders for custody, placement, and support.
Why is Establishing Paternity Important?
When a child is born to unmarried parents, the father's legal rights are not automatic. A legal finding of paternity is necessary to:
- For the Child: Secure the right to financial support from both parents, inherit from the father, and access benefits like health insurance and Social Security.
- For the Father: Gain the right to seek legal custody and physical placement of his child.
- For the Mother: Obtain a legally enforceable child support order from the father.
How to Establish Paternity in Wisconsin
There are two primary ways to establish paternity in Wisconsin:
- Voluntary Acknowledgment of Paternity: If both parents agree on the child's parentage, they can sign a "Voluntary Paternity Acknowledgment" form, often at the hospital after birth. Once properly filed, this has the same legal effect as a court order.
- Court Action: If there is a dispute about parentage or if one party is unwilling to cooperate, either the mother or the alleged father can file a paternity action in court. The court can order genetic testing to confirm parentage and will then issue orders on all related matters.
Our Paternity Law Services
Hildebrand Law Firm represents both mothers and alleged fathers in all aspects of paternity law:
- Filing or Responding to Paternity Petitions: We handle all the necessary legal paperwork to initiate or respond to a court action.
- Navigating Genetic Testing: We guide clients through the process of court-ordered DNA testing.
- Establishing Custody, Placement, and Support: Once paternity is established, we immediately work to secure fair and appropriate court orders for legal custody, a physical placement schedule, and child support.
- Disputing Paternity: We also represent clients who wish to challenge a claim of paternity.
Clarifying Rights and Responsibilities
Our goal in every paternity case is to achieve legal clarity that serves the best interests of the child while protecting our client's rights. We handle these sensitive matters with professionalism and discretion.
Contact a Milwaukee Paternity Attorney Today
Whether you are seeking to establish your rights as a father or need to secure support for your child, Hildebrand Law Firm can help. Contact us to schedule a consultation to discuss your paternity case.
Injunctions
Seeking Legal Protection in Difficult Family Situations
In situations involving harassment or domestic abuse, an injunction—also known as a restraining order—is a critical legal tool for ensuring your safety and the safety of your family. The attorneys at Hildebrand Law Firm provide urgent and compassionate representation to clients in Milwaukee seeking or defending against family law injunctions. We handle these sensitive matters with the seriousness and discretion they require.
Understanding Injunctions in Wisconsin
An injunction is a court order that requires a person to do, or refrain from doing, a specific act, such as having no contact with the petitioner. In the context of family law, there are two primary types:
- Domestic Abuse Injunction: This is available to individuals who have been victims of domestic abuse by a family member, household member, or someone with whom they have a child in common. The petitioner must show that they have been the victim of physical abuse, sexual assault, or a threat of such an act.
- Harassment Injunction: This is available when a person has been subjected to a pattern of harassing behavior that serves no legitimate purpose and would cause a reasonable person to suffer serious emotional distress.
The Injunction Process
Securing an injunction involves a two-step court process:
- Temporary Restraining Order (TRO): A petitioner first files a sworn petition with the court. If the petition shows reasonable grounds, a judge will issue a TRO on an ex parte basis (without the other party present) and schedule a final injunction hearing.
- Final Injunction Hearing: This hearing typically occurs within 14 days. Both parties have the right to be present, present evidence, call witnesses, and be represented by an attorney. The judge will then decide whether to grant a final injunction, which can last for several years.
Our Injunction Services
We provide skilled representation for both sides of an injunction case:
- For Petitioners: We help you prepare and file a compelling petition for a TRO and represent you at the final hearing, presenting the evidence needed to secure an injunction for your protection.
- For Respondents: We provide a vigorous defense for those who have been wrongfully accused. We challenge the petitioner's evidence and protect your rights against the serious consequences of having an injunction issued against you.
Urgent and Experienced Legal Counsel
Injunction cases move very quickly and have significant consequences. Whether you are seeking protection or defending your rights, it is crucial to have experienced legal counsel by your side.
Contact Us for Immediate Assistance
If you are in a situation involving domestic abuse or harassment, your safety is the priority. Contact Hildebrand Law Firm today for a confidential consultation to understand your legal options.
Modifications
Adapting Your Court Orders to Life's Changes
Life is not static. After a divorce or paternity case is finalized, circumstances can change significantly for you, your co-parent, or your children. When this happens, it may be necessary to formally modify your existing court orders for custody, placement, or support. The family law attorneys at Hildebrand Law Firm help clients in Milwaukee navigate the post-judgment modification process, ensuring their legal orders reflect their current reality.
The Standard for Modifying an Order in Wisconsin
To change a final court order, you cannot simply show that a different arrangement would be better. You must prove to the court that there has been a "substantial change in circumstances" since the last order was entered. The court will then determine if modifying the order is in the best interests of the child (for custody/placement) or is fair and appropriate (for support/maintenance).
Common Reasons for Modification
We represent clients seeking to modify all types of family law orders based on a variety of life changes:
- Modification of Child Placement or Custody: This may be necessary if a parent needs to relocate, if a child's needs have changed significantly, or if the current schedule is no longer workable or in the child's best interest.
- Modification of Child Support: A substantial change in either parent's income (such as a promotion or job loss), a change in the placement schedule, or an increase in the child's expenses (like healthcare needs) can be grounds to modify child support.
- Modification of Spousal Maintenance: Maintenance may be modified or terminated based on a significant change in either party's financial circumstances or the remarriage of the recipient spouse.
Our Post-Judgment Modification Services
The process for modifying an order requires filing a formal motion with the court. Our firm will:
- Assess Your Case: We will review your situation to determine if you meet the legal standard of a "substantial change in circumstances."
- Negotiate an Agreement: Whenever possible, we work with the other party and their attorney to reach a stipulated agreement on a new order, which can then be approved by the court without a contested hearing.
- Litigate When Necessary: If an agreement cannot be reached, we will file the necessary motions and advocate for your position in court, presenting the evidence needed to support the modification.
Ensure Your Legal Orders Reflect Your Life Today
Outdated court orders can create conflict and confusion. If your circumstances have changed, let us help you find a solution. Contact Hildebrand Law Firm to schedule a consultation with our Milwaukee family law modification attorneys.
Guardianship
Providing Stability and Care for a Child in Need
When a child's parents are unable to provide for their care due to death, incapacity, or other serious circumstances, a legal guardianship may be necessary to ensure the child's well-being. At Hildebrand Law Firm, our attorneys handle guardianship of minors cases with compassion and care, helping concerned family members in Milwaukee establish the legal authority needed to raise and protect a child.
Understanding Guardianship of a Minor
Guardianship of a minor is a legal process where a court appoints a responsible adult (the guardian) to have the legal custody and care of a child who is not their own. This is a different process from adoption; it does not terminate the parents' rights, but it grants the guardian the authority to make decisions for the child.
When is a Guardianship Necessary?
A court may appoint a guardian for a minor in several situations:
- The child's parents have passed away.
- The parents are physically or mentally unable to care for the child.
- The parents' parental rights have been suspended or terminated.
- The parents have consented to the guardianship to allow another family member, such as a grandparent, to care for the child.
The court's guiding standard in all guardianship cases is the best interest of the child.
Our Guardianship Services
We represent grandparents, aunts, uncles, and other concerned adults who are seeking to provide a stable home for a child in need. Our legal services include:
- Petitioning for Guardianship: We prepare and file all the necessary legal documents with the court to initiate the guardianship process.
- Representing You in Court: We advocate for you at the court hearing, presenting the evidence to show that appointing you as guardian is in the child's best interest.
- Navigating Complex Cases: We handle complex situations, including those where a parent objects to the guardianship or where the child has special needs.
- Advising on Guardian Responsibilities: Once appointed, we provide counsel on your legal duties and responsibilities as a guardian.
Your Advocate for a Child's Future
Stepping in to care for a child is a noble and loving act. The legal process of guardianship ensures you have the authority to enroll the child in school, consent to medical treatment, and make all the other important decisions a parent would make. Hildebrand Law Firm is here to guide you through that process.
Contact Our Milwaukee Guardianship Attorneys
If you need to establish legal guardianship for a minor, contact Hildebrand Law Firm today. We can provide the compassionate counsel and effective representation you need to protect a child's future.
Contempt / Enforcement
Holding Parties Accountable to Their Legal Obligations
A court order in a family law case is not a suggestion—it is a legally binding directive. When one party fails or refuses to follow the terms of an order for custody, placement, or support, you have the right to seek enforcement through the court. The attorneys at Hildebrand Law Firm represent clients in Milwaukee in contempt and enforcement actions, taking decisive legal action to compel compliance and protect your rights.
Understanding Contempt and Enforcement Actions
A motion for contempt is a legal tool used to ask the court to punish a party for intentionally disobeying a court order. An enforcement action seeks to force the non-compliant party to follow the order and may also ask for remedies to make up for the violation.
Common Grounds for Enforcement Actions
We represent clients when a co-parent or former spouse has failed to comply with orders related to:
- Child Support: Failure to pay child support on time or in the full amount.
- Physical Placement: Consistently failing to follow the placement schedule, denying visitation, or refusing to return the children.
- Property Division: Failure to transfer property, pay a debt, or refinance a home as required by the divorce judgment.
- Spousal Maintenance: Non-payment of court-ordered alimony.
- Contribution to Expenses: Refusal to pay their share of the children's variable costs, such as medical bills or extracurricular activities.
The Contempt Process and Potential Remedies
When we file a motion for contempt, the court will hold a hearing. If the judge finds the other party has intentionally violated the order without a valid excuse, they can be found in contempt. The court has broad power to enforce its orders and can impose sanctions, including:
- Ordering immediate payment of arrears (past-due support).
- Ordering make-up placement time for the aggrieved parent.
- Requiring the non-compliant party to pay the other's attorney's fees.
- Imposing fines.
- In severe cases, the party may serve jail time.
Your Advocate for Accountability
You should not have to live with the frustration and financial strain of a co-parent who ignores their legal obligations. The team at Hildebrand Law Firm will take swift and effective action to enforce your court order and hold the other party accountable.
Enforce Your Court Order Today
If your co-parent or former spouse is not following your court order, contact Hildebrand Law Firm to schedule a consultation. Our Milwaukee enforcement attorneys will fight to protect your rights.
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